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U.S. v. SCHNUPP

Nos. 03-1964, 03-3384.

368 F.3d 331 (2004)

UNITED STATES of America v. Andrea SCHNUPP, a/k/a Andrea Lyle Andrea Schnupp, Appellant United States of America v. Eric Lamar Wormsley, a/k/a Michael Wormsley, a/k/a Michael Wallace Eric Lamar Wormsley, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 18, 2004.

Attorney(s) appearing for the Case

Karen S. Gerlach (Argued), Office of Federal Public Defender, Pittsburgh, PA, for Appellants.

Christine A. Sanner (Argued), Bonnie R. Schlueter, Office of United States Attorney, Pittsburgh, PA, for Appellee.

Before: SCIRICA, Chief Judge, ROTH and McKEE, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

At issue is whether a criminal sentence served in an alternative housing facility such as a halfway house can qualify as "a prior sentence of imprisonment" under § 4A1.1 of the U.S. Sentencing Guidelines for the purpose of calculating the criminal history score. In two separate cases before us, United States v. Schnupp, No. 03-1964, and United States v. Wormsley, No. 03-3384, defendants contend...

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